Appeals Court Bans CDC Restrictions on Florida Cruises

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The Royal Caribbean’s Odyssey of The Seas arrives in Port Everglades on June 10, 2021 in Fort Lauderdale, Florida.

Joe Riddell | Getty Images

A federal appeals court on Friday upheld Florida’s appeal against the Centers for Disease Control and Prevention over federal regulations for cruise ships that the state said are too onerous and cost millions of dollars in lost tax revenue.

The two-page ruling from the 11th US Court of Appeals is an unusual reversal from the Appeals Committee’s ruling in the case that was issued on Saturday.

The court did not explain the reason for the change, although the latest ruling came just hours after Florida referred the case to the Supreme Court, in an attempt to overturn the previous eleventh step. This measure will likely be withdrawn now.

CDC rules have hindered the cruise industry from fully returning to work amid the country’s vaccine-driven recovery from the Covid-19 pandemic. Early in the public health crisis, cruise lines were hit by a number of notable outbreaks. The industry has been among the hardest hit by the coronavirus.

A federal district court in Florida sided with the state last month in response to a lawsuit brought by Republican Attorney General Ashley Moody. Over the weekend, that decision was temporarily blocked by the 11th US Court of Appeals, allowing Centers for Disease Control and Prevention (CDC) rules to remain in place.

The Eleventh District’s decision was taken Saturday by a 2-1 vote. Friday’s decision was unanimous.

Shares of cruise lines Carnival Cruises, Royal Caribbean and Norwegian Cruise Line fell more than the broader market after the Eleventh Circuit’s decision was released on Monday.

On Friday afternoon, Modi took the case to the Supreme Court in an emergency file, asking the Supreme Court to reverse the appeals court’s decision.

“The CDC’s order is clearly outside of its authority, as the District Court correctly ruled the matter initially,” Moody wrote in the filing.

Modi said the CDC’s rules amount to a “continually changing set of requirements” that are posted on the agency’s website.

Additionally, she wrote, CDC rules require cruise lines to “set up COVID-19 testing labs, conduct self-funded trials called “test cruises,” and comply with social distancing requirements throughout ships, including offshore areas. Like swimming pools and while waiting for the bathroom to turn.”

Moody wrote that only five of the 65 ships subject to the CDC’s cruise rules had been approved to sail by the time the Eleventh Circuit issued its ruling. She wrote in the filing that the cruise restrictions had cost Florida tens of millions of dollars in taxes and port revenue. Without further action, the restrictions were due to remain in place until November 2021.

The CDC did not immediately respond to a request for comment.

The Eleventh District’s decision comes as the nation is seeing a spike in Covid-19 cases, largely among unvaccinated individuals, attributable to a highly contagious delta variant.

Modi said on Wednesday that she contracted Covid-19 despite receiving a vaccine. In a Friday post on Twitter, Modi said she was still experiencing mild symptoms and encouraged people to get vaccinated.

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